When filing for divorce, you have a few ways that you can handle the divorce petition. It is important that you understand the differences between three types of divorces so that you are able to pick the kind that best applies to your marriage. Reviewing this information now can make the divorce process go smoothly.
No-Fault
The no-fault variation does not require you to give a reason for wanting the divorce. Instead, you'll just need to state how your marriage has not been working and you are unable to reconcile the marriage with your husband or wife.
One thing to keep in mind is that the no-fault method just refers to why you want the divorce. You can still request a no-fault divorce and have it be contested, uncontested, traditional, or simplified.
Simplified
The simplified method if for couples that are hoping to finalize the divorces as fast as they can. In most situations, simplified divorces will take weeks rather than months to finalize after the petition has been filed.
Simplified divorce is only possible when both partners agree to the divorce terms. This often means that they have agreed on how they will be dividing marital property, which can typically take a long time for the court to decide for you.
However, you cannot use a simplified divorce if you have children. Issues like child support and custody cannot be decided upon through a simplified divorce and must be approved by the court. This is true even if both parents have come to an agreement on what they want for these things.
Uncontested
A spouse always can contest a divorce petition, even when you file a simplified or traditional petition. This means that one party doesn't agree with wanting a divorce. Situations, where both spouses agree to the divorce, are called uncontested divorces.
Many couples who use the uncontested variation also use a simplified divorce petition but is not always the case. You and your spouse may agree that a divorce is needed, but the terms have not been agreed to. This situation does require an uncontested traditional divorce instead of a simplified divorce.
As you can see, the divorce process can be quite complicated when it comes to filing the petition and deciding how to divide marital assets. You should consider working with a divorce lawyer no matter what form of divorce you decide to use. Contact a law office like Bray & Johnson Law Firm for more information and assistance.
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